Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is the president of the E Housing Agreement Partnership in Seoul Special Metropolitan City, Gwangjin-gu, and one other. Since August 2010, the Defendant took overall charge of the affairs of the above Partnership and the affairs of the Partnership including the management of the partnership's property. On the other hand, around August 24, 2012, the members of the Partnership shall distribute KRW 2,00,03,393,00 to all the union members, including the above sales price, respectively, and the settlement money for the union members who submitted the consent form for the liquidation and dissolution of the union shall be paid by the method decided after dissolution, and the settlement money for the union members who failed to submit the above consent form shall be paid to the union members by the method delegated by the resolution. As to the payment of settlement money for the union members who failed to submit the above consent form, the Defendant shall delegate the remaining liquidation and dissolution affairs so that the union members may receive the refund from the refund chairperson. Accordingly, the Defendant shall be in charge of the liquidation affairs by the liquidation chairperson.

Around August 2012, the Defendant received an amount equivalent to KRW 2,003,393,000, including the sales price of a commercial building from the said partnership and kept in custody for the said partnership on behalf of the victim. On September 5, 2012, the Defendant voluntarily paid KRW 10,000,000 to F (former Liquidation Chairperson) in the name of the liquidation commissioner, even though he/she did not win the lawsuit or have received a refund in the lawsuit for returning the unful construction works performed by the said partnership.

Summary of Evidence

1. Partial statement of the defendant;

1. Data on liquidation and dissolution of the G or E housing association, 2012;

1. stenographic records of liquidation and dissolution general meeting;

1. Application of Acts and subordinate statutes concerning details of deposits in cooperatives;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69(2)1 of the former Criminal Act (amended by Act No. 12575, May 14, 2014).